DEVASTACIJA ŽELEZNIČKE INFRASTRUKTURE KAO AKT ZLOUPOTREBE DOMINANTNOG TRŽIŠNOG POLOŽAJA

Abstract

To open national railways market for competition, an extensive sectoral law was created from 1991 to 2016. The most important measure in the process of liberalization was the obligation of infrastructure managers to allow access to national network without discrimination. Lietuvos geležinkeliai case is a specific one. There was no explicit denial of access to Lithuanian railways. But removal 19 km of track effectivelly made it impossible for use and European Court of Justice (without determing if so called Bronner conditions for access to essential facilites are fulfilled) assessed such market behaviour as a method different from those governing normal competition which represents abuse of dominant market position by producing the anticompetitive effect of foreclosing competition.